HomeMy WebLinkAboutContract 29864 CITY SECRETARY
CONTRACT NO.
FWS Agreement No: 1448-20181- 4 - G520
Charge Code: 21420-1004-04-1121-0000-0000
PLA version: 4/26/2001 Taxpayer Identification Number: 1-75-6000528-6
Amount: $5,000.00
PRIVATE LANDS AGREEMENT
I. AUTHORITY:
A. This cooperative agreement, effective and binding on the date of last signature below,
between the City of Fort Worth, a home rule municipal corporation situated in Tarrant, Denton,
and Wise Counties, Texas, (City), owner of certain dedicated public park land, and the U.S.
Fish and Wildlife Service, (Service), is entered into pursuant to authority contained in the
Fish and Wildlife Coordination Act, 16 U.S.C. Sections 661-667(e).
B. The City of Fort Worth, through its duly authorized assistant city manager, Libby Watson,
and the Parks and Community Services Department located at 4200 South Freeway, Suite
2200, Fort Worth, Texas 76115-1499, [Telephone Number 817-871-5717]) hereby agrees to
or participate with the Service to conduct certain wildlife management practices (described
in Exhibit A, attached) on certain dedicated public park land owned by the City located at
Rockwood Park Golf Course in Tarrant County, State of Texas as shown on the attached
IRKc WKth , Texas 7.5-minute topographic map (Exhibit B): North Latitude
(N3A"W V ") and West Longitude (W9?°O q1 These coordinates
represent the approximate center of the project area.
II. PURPOSE:
In signing this agreement, the City named above joins as a participant with the Service in a wildlife
management program and grants to the Service the authority to complete wildlife habitat development
activities, or agrees to personally carry out wildlife management activities with financial or material
support as described in the attached Project Plan, Exhibit A. The furnishing of supplies or equipment,
or direct payments from the Service to the City for carrying out the wildlife habitat developments, are
specifically included in the attached Project Plan, Exhibit A, hereby incorporated and made a part of
this agreement.
III. RESPECTIVE RESPONSIBILITIES OF THE PARTIES:
In addition to the specific tasks and contributions to this effort as identified in Exhibit A hereof,
the parties further agree as follows:
A. The Service:
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FWS Agreement No: 1448-20181- -
1. Does not assume jurisdiction over the premises by this agreement. The Service assumes
no liability for damage except that resulting from its own negligence on this property.
2. Will not be held liable in any way to restore the property to its prior condition upon
termination or expiration of this agreement.
3. Agrees to provide technical advice and assistance in obtaining permits that may be
required for the City to fulfill the terms of this agreement.
B. The City:
1. Retains all rights to control trespass and retains all responsibility for taxes, assessments,
and damage claims.
2. Guarantees ownership of the above-described land and warrant that there are no
outstanding rights that interfere with this wildlife management agreement. A change of
ownership shall not change the terms of this agreement, which shall remain in effect on
the described property for the duration of the period specified in Section IV, below.
The City agrees to notify the Service of planned or pending changes of ownership at
least 30 days in advance.
3. Agrees to allow the Service (its members, agents, or assignees) access to the project
site, upon prior notification by the Service, for wildlife habitat development and
management purposes and to inspect work completed. All Service members, agents,
and assignees will be in uniform or will have proper identification as government
employees or agents.
4. Agrees to provide Taxpayer Identification Number or Tax Exempt Number (1-75-
6000528-6) to the Service.
5. Assumes no liability for personal injury or property damage caused from the own
negligence of the Service.
6. Assumes responsibility for securing any permits needed to carry out the project
described in Exhibit A.
IV. TERM OF THIS AGREEMENT:
A. This agreement shall be in effect for 10 years beginning on the date of last signature below,
unless terminated earlier in accordance with Section VII, Termination Provisions, as set
forth below.
B. The work identified in Exhibit A, Paragraph 4, will be completed no later than one year
from the effective date of this Agreement. If this work cannot be completed by the date
specified, a request for extension must be received by the Service's Project Officer
(specified in paragraph V (A) below) 30 days prior to the established completion date. If an
extension is approved, the Service's Contracting Officer will issue an amendment to the
agreement.
FWS Agreement No: 1448-20181- -
C. At the end of the agreement's term, the wildlife habitat development area, including any
plantings, becomes the property of the City.
D. No obligation to any of the parties of this agreement shall be in effect after the term of this
agreement has expired.
V. ADMINISTRATIVE MATTERS:
A. For purposes of coordination and acceptance of work, the Service designates the following
named individual as the Service's Project Officer:
Don R. Wilhelm
Fish and Wildlife Biologist, Partners for Fish and Wildlife Program
U. S. Fish and Wildlife Service
711 Stadium Drive, Suite 252
Arlington, Texas 76011
Or
His successors
B. The Service's Point of Contact (POC) on the agreement is the Project Officer.
C. The City shall submit an invoice with supporting receipts to claim payment hereunder.
Upon execution of this agreement, the Project Officer will supply the City a sample invoice
for optional use in requesting payment. The City will prepare an invoice to include all
information required on the invoice format with the original signature of the City, and will
submit it to the Service's Project Officer specified in Section V (A), above. Upon
verification of the accuracy of the data provided and the completion of the work as invoiced,
the Service's Project Officer will recommend payment through the U.S. Treasury by
electronic fund transfer. In accordance with U.S. Treasury regulations, payments will be
made within 30 calendar days after receipt and approval of a proper invoice. The Service is
not obligated to reimburse the City for any amount in excess of this agreement, unless the
agreement is formally amended to increase that amount.
D. The Service is prohibited by law from making obligations that exceed available funds and
therefore, the Service can do only that work for which there are funds. In the event funds are
not available to do the wildlife habitat development work within the period of time or in the
manner prescribed in Exhibit A, the Service will advise the City of that fact.
E. Pursuant to Section 22, Title 41, United States Code, it is further mutually agreed that no
FWS Agreement No: 1448-20181- -
member of or delegate to Congress or resident commissioner, after his/her election or
appointment, and either before or after he/she has qualified and during his continuance in
office, shall be admitted to any share or part of this Agreement, or to any benefit to arise
thereupon; but this provision shall not be construed to extend to this agreement if made with
a corporation for its general benefit.
F. This agreement may be modified at any time by mutual consent of all parties and reduced to
writing.
G. This agreement, as defined herein, constitutes a financial business arrangement between the
Service and the City and does not create a partnership or joint venture between the parties.
VI. PROJECT DESCRIPTION:
The effort to be accomplished is set forth in the Project Plan, Exhibit A, incorporated herein as
attached.
VII. TERMINATION PROVISIONS:
This agreement may be terminated by either party upon 30 days advance written notice to the
other party(ies). If for any reason, at any time during any term of this Agreement, the City
Council fails to appropriate funds sufficient for the City to fulfill its obligations under this
Agreement, the City may terminate this Agreement to be effective on the later of (i) thirty (30)
days following delivery by the City to Service of written notice of the City's intention to
terminate or (ii) the last date for which funding has been appropriated by the City Council for the
purposes set forth in this Agreement. If the City terminates the agreement prior to expiration of
its term, the City will reimburse the Service for the cost of the wildlife habitat developments. If
the Service terminates this Agreement due to noncompliance by the City to the terms of this
Agreement, the Service may, at its option remove any wildlife developments placed on the
property.
FWS Agreement No: 1448-20181- -
IN WITNESS WHEREOF, the parties hereto have caused this Private Lands Agreement to be
executed as of the date of last signature below.
ATTEST: CITY O(rFORT WORTH
&fk 6ty Secretary Libby Watson, Assistant City Manager
GI ?qYL ..r.._
APPROVED AS TO FORM Contract Authorization
AND LEGALITY:
David Yett, City Attorney
Date
By.
- >J,4
As 'sta t City Attorney
r V
ing arrant 42 Date
U.S. Fish and Wildli n
5 U
EXHIBIT A
City of Fort Worth, Rockwood Park Project Plan and Costs Estimated
I. Planned Work:
Work planned for the property covered under this Agreement will be for the purpose of restoring
approximately 15-acres of native grassland habitat, enhancing approximately 30 acres of native
grasslands, and enhancing approximately .5 mile (5 acres) of riparian habitat, thus providing
improved wetland, grassland, and riparian habitat for migratory and resident wildlife species at
Rockwood Golf Course, owned by the City named above.
The proposed work for the 15-acre restoration area includes the site preparation and planting of a
mixture of native grasses and forbs appropriate for the project area (i.e., hydrology and soils) and
may include: little bluestem, switchgrass, indiangrass, big bluestem, buffalograss, side-oats
grama, partridge pea, Maximillan sunflower, englemann daisey, coneflower, and wild indigo.
Native bare-root seedlings and containerized trees appropriate for the project area will be planted
in specified areas of the tract, totaling approximately 5 acres. i'ree species may include red oak,
burr oak, pecan, live oak, red bud, andlor Mexican plum. Substitutions and/or deletions to the
planting mix or planting list will need to be approved by the Service Project Officer.
The project sites will not be mowed, hayed or grazed for at least one growing season to allow for
the establishment and enhancement grassland and riparian vegetation/habitat. .After the first
growing season and upon City's request, the City and the Service will decide upon a mutually
agreeable mowing plan for the site to be followed for the duration of the agreement term. The
agreement term is 10 years.
The Fort Worth Chapter of the Audubon Society, the local Chapter of the Master Naturalists
program, and the Texas Cooperative Extension Service are also working with Rockwood Golf
Course and the City of Fort Worth to ensure the success of the project. It is all of our hope that
the area will serve as a model for other golf courses to follow.
II. Contribution of Parties:
A. The Service:
1. Agrees to cost-share in practices specified in this agreement, thus enhancing the value of the
area for resident and migratory wildlife species.
2. Agrees to inspect the work periodically during construction, if necessary, and provide
technical assistance regarding management and maintenance of the works of improvement.
3. Agrees to develop with the City grazing management guidelines or a management plan for
the site.
4. Agrees to annually evaluate the management techniques and provide guidance regarding their
success and modify the management guidelines as necessary to ensure maximum benefits to
wildlife.
B. The City:
1. Agrees to cost-share in the works of improvement for the property. Agrees to obtain the
services of a competent contractor, through the required bidding process, to ensure the
practices are completed in a timely manner and meet the specifications of this agreement.
2. Agrees to maintain the site to the maximum benefit of wildlife for the term of this
Agreement.
3. Agrees to restrict mowing, haying or grazing at the project sites for at least three growing
seasons years to allow for the establishment and enhancement of wetland, native grassland,
and riparian vegetation/habitat. Thereafter, livestock grazing will be managed to allow for
grassland and riparian vegetation enhancement and to allow wetland plants to persist in a
healthy state, following grazing management guidelines jointly established by the City, the
NRCS, and the Service.
5. Agrees to not begin the project until an archaeological evaluation is completed, if the State
Historical Preservation Officer requires such an evaluation.
6. Agrees to provide annual maintenance of works completed to ensure that they are in good
condition and function as agreed upon for the life of this agreement.
III. Estimated Costs:
Practice Description Practice City Cost- Service
Cost share Cost-share
Site preparation to include chemical
control of bermuda grass (15 acres @
$35/acre) 525 525
Seed bed preparation and seed planting
costs (15 acres P, $30/acre 450 450
Seed costs (15 acres @ $75/acre) 1,125 1,125
Trees (25, 2" caliper native trees at
$250 each and 100 bare root seedlings
at $5.00 each, including planting costs) 6,750 4,750 2,000
Educational Signage 1,400 500 900
Totals 10,250 5,250 . 5,000
IV. Work Schedule: Work will be completed within one year from effective date of this agreement
prior to submission of an Invoice for Payment. The Service should be informed, in writing, of
any delays in completing this project within one year. If such delays occur, an extension should
be requested.
V. This Project Plan was agreed upon between the City Parks and Community Services
and the Service Project Officer on March 12, 2004.
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 3/11/2004 - Ordinance No. 15910
DATE: Thursday, March 11, 2004
LOG NAME: 80GOLFUSFW REFERENCE NO.: **C-19994
SUBJECT:
U.S. Fish and Wildlife Service Contract for Restoration of Native Grassland and Riparian Habitat at
Rockwood Golf Course and Adoption of Appropriation Ordinance
RECOMMENDATION:
It is recommended that the City Council:
1. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the
Municipal Golf Fund by $5,000; and
2. Authorize the City Manager to enter into a contract with the U.S. Fish and Wildlife Service in an amount
not to exceed $5,000 for restoration of native grassland and riparian habitat at Rockwood Golf Course.
DISCUSSION:
Work planned for the property covered under this contract will be for the purpose of restoring approximately
15 acres of native grassland habitat, enhancing approximately 30 acres of native grassland, and enhancing
approximately 0.5 miles (5 acres) of riparian habitat, thus providing improved wetland, grassland, and
riparian habitat for migratory and resident wildlife species at Rockwood Golf Course.
The U.S. Fish and Wildlife Service will provide a 50/50 cost share with the City of Fort Worth on this project,
help develop a management plan for the area, will annually inspect and evaluate the program, and provide
management guidelines as necessary to ensure success of the program. The U.S. Fish and Wildlife
contribution to this project is $5,000.
The City of Fort Worth cost share for this project would be $5,000 in the form of providing trees and
educational signage for the project, and completion of all work within one year from the date of the
agreement.
The Fort Worth Chapter of the Audubon Society, the local Chapter of the Master Naturalist program, and
the Texas Cooperative Extension Service are also working with Rockwood Golf Course to ensure the
success of this project, and it is hoped that the area will serve as a model for other golf courses to follow.
The Parks and Community Services Advisory Board approved this item at their regularly scheduled meeting
on February 17, 2003.
Rockwood Golf Course is located in COUNCIL DISTRICT 2.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that upon execution of the above recommendations and adoption of the
attached appropriation ordinance, funds will be available in the current operating budget, as appropriated, of
Logname: 80GOLFUSFW Page 1 of 2
the Golf Fund.
TO Fund/Account/Centers FROM Fund/Account/Centers
PE39 522010 0804410 $5,000.00 PE39 481153 0804005 $5,000.00
Submitted for City Manager's Office by: Libby Watson (6183)
Originating Department Head: Randle Harwood (Acting) (5704)
Additional Information Contact: George Kruzick (5717)
Logname: 80GOLFUSFW Page 2 of 2